Press release of the advisory board gambling addiction
The Administrative Court in Wiesbaden, granted yesterday after a hearing by ruling of the action of the advisory board gambling addiction to the state of Hesse in its entirety. Then the state of Hesse has violated the State Treaty on gaming than last year approved the lottery by e-mail letter and thereby evaded the advisory board gambling addiction. The Advisory Board expects the state of Hesse, that the law permit issued immediately is withdrawn.
Hesse has agreed in November 2009 that may assume LOTTO Hessen, in cooperation with Deutsche Post AG gambling contracts for certain lotteries by e-mail letter. The E-Mail Deutsche Post's web-based. It represents a state treaty on gambling banned Internet sales channel for gambling (§ 4 para 4 GST). Contrary to the requirements of the State Treaty on gaming, the Hessian Ministry of the Interior and has not participated for Sport against his consent, the advisory board. The advisory board has learned from the process only from the press, but then immediately pointed out the illegality of the action and called on the Ministry, the agreement back. Discussions with the Ministry remained without consequences. Against this backdrop, the Advisory Council brought the action.
The advisory board is in the State Treaty on gaming, the central body which helps to combat gambling addiction. The action by the advisory board would avert threats to endangered seeks players for the State Treaty on gaming, and for the legitimacy of limiting gambling policy. The aim of the gambling addiction is now strengthened by the fact that the Advisory Board in approval process, in which it is mandatory to participate, can not be circumvented without sanction.
BACKGROUND
What is the Advisory Board?
The advisory board gambling addiction is a cross-national body that was established by the State Treaty on Gambling (GST) (§ 10 paragraph 1 sentence 2 of GST). It consists of seven members who are experts in the fight against gambling addiction and have been named by the German Centre for Addiction Issues (DHS), the German Society for Addiction Research and addiction treatment (DG addiction) and the Association of Gambling Addiction (Germany). The advisory board is independent and not bound by instructions. Its mission is to provide the countries studied technical know-how to make available, so that in the supervision of the gaming market is the main objective of the GST - Combating gambling addiction - can be taken into account sufficiently. This main objective has been classified by the Federal Constitutional Court and the European Court of Justice as central to any regulatory structure near monopoly of the gaming market and the GST itself was defined as a core objective (§ 1 No 1 GST). If countries want to approve new gambling opportunities or new or significantly expanded distribution channels for games of chance, it must engage the advisory board first and take his professional opinion looking for information (§ 9, paragraph 5, sentence 1, No. 1, sentence 2 GST).
What is the e-mail letter?
The E-Mail Developed by the German Post AG and to the traditional letter by a paperless, replace sending it over the Internet document. Compared to the email it should be mandatory, confidential and reliable. The German Post AG has introduced him in mid-July 2010 and simultaneously started the cooperation with LOTTO Hesse. Match orders have since been acceptable via e-mail letter. With the exception of the one-time registration in PostIdent can play all willing to make to gambling by steps from the home computer via the Internet.
What are the rules according to the State Treaty on gaming for the Internet?
The State Treaty on gaming since 1 January 2008 and includes in § 4, paragraph 4, a ban on Internet. This includes not only the "real" online gambling (online gambling), but also the use of the Internet as a distribution channel. This has not only the Federal Constitutional Court in several decisions clearly, but also the legislature in its reasoning of § 4, paragraph 4, GST explicitly endorsed by it "provided [was] to prohibit the gambling industry distribution channel 'Internet' in principle '.
Why is the distribution channel "Internet" banned for gambling?
gambling addiction is a disease. Addiction experts and courts danger of addiction also detected in lotteries. Gambling via the Internet is looking for vulnerable players especially dangerous because the Internet with getting used to planning and associated effects of concealing financial losses. The availability, easy reach, interactivity and the possibility of cashless payment transactions leads to loss of reality and illusion of control. There is no social control, alcohol and drugs can not be excluded and the protection of minors is difficult to realize. The convenience of being able to perform from the home screen in all the necessary steps play out, in addition to a reduction of inhibitions.
What are the rules According to the State Treaty on Gambling Advisory Board?
The Gambling Treaty establishes a state monopoly structure for the gambling. The justification for this is to combat gambling addiction, which could be made better and controlled by public providers than private providers. The Advisory Board supported the countries in this task. When new gambling or distribution channels allowed or existing distribution channels for games of chance are to be greatly expanded, must receive approval from authorities of the countries involved before the Advisory Board. This examines and evaluates the impact of the new offer, the new distribution channel or significantly expanded sales channel to the public (§ 9, paragraph 5, sentence 1, No. 1, sentence 2 GST).
threaten What dangers?
(1) The entire justification of the monopoly gets into a precarious situation, since the State is an incentive to the risk of addiction gambling rather than to fight gambling addiction. (2) By the advisory committee - the body which is to combat gambling addiction center - which will bypass the institutional structure and the substantive content of the gambling treaty is undermined. (3) Individual players are placed at risk of addiction in distress. Why deal
Hesse the Advisory Board and the Internet ban?
Internet providers still offer illegal gambling to, it is hard to suppress these operators, because it is difficult to control the Internet is a medium. To offset revenue declines, and legal public providers are trying to use the Internet as a medium, although this is prohibited by the State Treaty on gaming. The Technical Committee is the body that opposes the incentive seeks professional concerns.
The seven members of the advisory board Prof. Dr. Jobst Boening
(Chairman), Prof. Dr. Michael Adams, Ilona Füchtenschnieder-Petry, Dr. Raphael Gassmann, Prof. Dr. Karl Man, Dr. Jörg Petry, Prof. Dr. Christian Pfeiffer.
more information
For inquiries are the Advisory Board members
Ilona Füchtenschnieder-Petry, Tel 0171 4231626 and
Dr. Raphael Gassmann, Tel 02 381
9015-15 and in particular, the representative of the advisory board, Prof. Dr. Ulrich
holders, Tel 0228 73 540 13 or 0511 762 8186/-8189,
like to have.
www.wettrecht.de 0700 / COMPETITION LAW 
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